Directive 2009/81/EC of the European Parliament and of the CouncilShow full title

Article 37 Content of reports

1. For every contract and framework agreement, the contracting authorities/entities shall draw up a written report to confirm that the selection procedure was undertaken in a transparent and non-discriminatory manner, which shall include at least the following:

(a) the name and address of the contracting authority/entity and the subject and value of the contract or framework agreement;

(b) the award procedure chosen;

(c) in the case of a competitive dialogue, the circumstances justifying the use of this procedure;

(d) in the case of a negotiated procedure without prior publication of a contract notice, the circumstances referred to in Article 28 which justify the use of this procedure; if appropriate, justification for exceeding the time-limits laid down in the second subparagraph of Article 28(3)(a) and the third subparagraph of Article 28(4)(b) and for exceeding the 50 % limit laid down in the second subparagraph of Article 28(4)(a);

(e) if appropriate, the reasons for the framework agreement lasting more than seven years;

(f) the name of the candidates chosen and the reason for this choice;

(g) the name of the candidates excluded and the reasons for their rejection;

(h) the reasons for the rejection of tenders;

(i) the name of the successful tenderer and the reasons why its tender was selected, and, if known, the share of the contract or framework agreement which the successful tenderer intends, or will be required, to subcontract to third parties;

(j) if necessary, the reasons why the contracting authority/entity decided not to award a contract or framework agreement.

2. Contracting authorities/entities shall take appropriate steps to document the progress of award procedures conducted by electronic means.

3. The report, or the main features of it, shall be communicated to the Commission, if it so requests.